This Agreement sets out the legally binding terms between Wired Towns, LLC d/b/a Wired Towns ("Wired Towns") and you for your use of the Wired Towns Website located at
www.wiredtowns.com (the "Website") the Network and its local portal (the "Network"). By using the Website, the Network, or any Wired Towns Service, you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member ("Member"). If you wish to become a Member, or communicate with other Members, post to forums, post or upload Member Content (defined below) or make use of any of the features, functions or services on the Website or Network (collectively, the "Wired Towns Services"), please read this Agreement.
Wired Towns may modify this Agreement from time to time and such modification shall be effective upon posting by Wired Towns on the Website or Network. You agree to be bound to any changes to this Agreement when you use the Website Network or any Wired Towns Services after any such modification is posted. This Agreement includes Wired Towns' policy for acceptable use and content posted on the Website or Network or through the Wired Towns Services, your rights, obligations and restrictions regarding your use of the Website, Network and the Wired Towns Services and Wired Towns' Website and Network Privacy Policy. You may also receive a copy of this Agreement by emailing us at:
legal@wiredtowns.com, Subject: Terms of Use Agreement.
Please choose carefully the words, information, content, messages, text, files, images, photos, videos, music, sounds, profiles, works of authorship or any other materials you post, upload, publish or display on the Wired Towns Website, Network or through the Wired Towns Services and any such content that you provide or make available to other Members (collectively, "Member Content"). You are responsible for all Member Content, as set forth below.
Unless specifically asked by Wired Towns in the Registration process, do not post the following items to the Website or Network: telephone numbers, street addresses or last names, and any photographs posted by you may not contain nudity or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter.
Information or Member Content provided by other Wired Towns Members may contain inaccurate, inappropriate or offensive material, products or services and Wired Towns assumes no responsibility or liability for this material.
Wired Towns reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the Website, Network and/or the Wired Towns Services at any time, for any or no reason, with or without prior notice, and without liability.
By participating in any offline Wired Towns event or service, you agree to release and hold Wired Towns harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such offline Wired Towns event or service.
- Eligibility. Membership in the Wired Towns Service, Website and Network is void where prohibited. By using the Website, Network and the Wired Towns Service, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that your use of the Website, Network or any Wired Towns Service shall not violate any applicable law or regulation. Your membership may be deleted without warning if it is found that you are misrepresenting yourself. Your membership is solely for your personal use, and you shall not authorize others to use your account. You are solely responsible for all Member Content posted, uploaded, published or displayed through your Member account, including any messages, and for your interactions with other Members.
- Term/Fees. This Agreement shall remain in full force and effect while you use the Website, the Network, Wired Towns Services, and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Member Account page. Wired Towns may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in the registration process or such other email address as you may subsequently provide to Wired Towns. If Wired Towns terminates your membership because you have breached the Agreement, you shall not be entitled to a refund of any unused portion of subscription fees, if any. Even after membership is terminated, this Agreement will remain in effect, including sections A-N. This Agreement may change from time to time. By using the Website, the Network, any Wired Towns Service or by becoming a Member, you acknowledge that Wired Towns reserves the right to charge for any Wired Towns Service at a later date (with notice and opportunity for you to decline further participation in such Wired Towns Service), and Wired Towns has the right to terminate a Member's membership should Member breach this Agreement or fail to pay for any Wired Towns Service, as may be required.
- Non-Commercial Use by Members. The Website and Network is for the personal use of Members only and may not be used in connection with any commercial endeavors except those may be specifically endorsed or approved by the management of Wired Towns from time to time. Illegal and/or unauthorized use of the Website, including collecting usernames, email addresses or Member Content of other Members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Website or other illegal purposes will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member posts or accounts without notice and may result in termination of membership privileges. Wired Towns will take appropriate legal action for any illegal or unauthorized use of the Website or the Wired Towns Services.
- Proprietary Rights in Content on Wired Towns. Wired Towns owns and retains all proprietary rights in the Website and the Wired Towns Service. The Website and the Wired Towns Services contain copyrighted material, trademarks, and other proprietary information of Wired Towns and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
- Member Content.
(1) You understand and agree that Wired Towns may review and delete any Member Content that in the sole judgment of Wired Towns violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member or third party.
(2) You are solely responsible for the Member Content that you post, upload, publish or display on the Website or any Wired Towns Service, and any Member Content, material or information that you transmit to other Members.
(3) By posting, uploading, publishing or displaying any Member Content through the Website, Network, or any Wired Towns Service, you hereby grant to Wired Towns the non-exclusive, fully paid, worldwide license to use, host, copy, publicly perform, publicly display, digitally perform, modify, distribute, sublicense and translate such Member Content. The foregoing license will terminate at the time you remove such Member Content from the Website.
(4) You represent and warrant that: (i) you own the Member Content posted, uploaded, published or displayed by you on the Website, on the Network, or through any Wired Towns Service or otherwise have all rights to grant the license set forth in subsection (3) above, and (ii) the Member Content does not violate the privacy rights, publicity rights, copyright rights, trademark rights, intellectual property rights, or any other rights of any third party, and (iii) the posting, uploading, publishing or displaying of the Member Content on the Website or through any Wired Towns Service does not result in a breach of any contract between you and a third party or violate any law or regulation. You agree to pay for all royalties, fees and any other monies owing any third party by reason of any Member Content you post, upload, publish, perform or display on the Website or through any Wired Towns Service.
(5) The following is a partial list of the kind of Member Content that is illegal or prohibited on the Website, on the Network, and the Wired Towns Services. Wired Towns reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Member Content from the Website, Network or Wired Towns Service and terminating the membership of such violators. Prohibited Member Content includes content that: (i) is obscene, patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) harasses or advocates harassment of another person; (iii) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; (iv) consists of information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) consists of an illegal or unauthorized copy of a copyrighted work, such as sound recordings and compositions in which you do not personally own the copyright (including CDs and tracks you may have purchased); (vi) computer programs or links to them or providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files; (vii) contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page); (viii) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; (ix) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (x) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (xi) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (xii) uses sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to the profile; (xiii) consists of advertising to, or solicitation of, any Member to buy or sell any products or services through the Website or any Wired Towns Service.
(6) Although Wired Towns cannot monitor the conduct of its Members off the Website, it is also a violation of this Agreement to use any information obtained from the Website or Wired Towns Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member or third party without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Wired Towns reserves the right to restrict the number of communications that a Member may send to other Members in any 24-hour period to a number that Wired Towns deems appropriate in its sole discretion. You may not cover or obscure the banner advertisements on the Website via HTML/CSS or any other means. Any automated use of the Website, the Network or Wired Towns Services is prohibited. You may not attempt to impersonate another Member, user or person. You may not copy any code and embed it into other pages on the Website, Network, or ask other Members to embed it into other pages. You may not use the account, username, or password of another Member at any time nor may you disclose your password to any third party or permit any third party to access your account. You may not sell or otherwise transfer your membership.
- Copyright Policy. You may not post, upload, publish, display, perform, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Wired Towns to take down allegedly infringing Member Content and terminate membership privileges of any Member who repeatedly infringes copyright upon prompt notification to Wired Towns by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website or the Wired Towns Service in a way that constitutes copyright infringement, please provide Wired TownsÕ Copyright Agent (below) with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website, Network or the Wired Towns Service; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Wired Towns' Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Wired Towns C/O MasurLaw, 101 East 15th Street New York, NY 10003.
- Member Disputes. You are solely responsible for your interactions with other Wired Towns Members. Wired Towns reserves the right, but has no obligation, to monitor disputes between you and other Members.
- Privacy. Use of the Website and/or any Wired Towns Service is also governed by the Wired Towns Privacy Policy, which is hereby incorporated into this Agreement.
- Disclaimers. Wired Towns is not responsible for any incorrect or inaccurate Member Content posted on the Website or in connection with any Wired Towns Service, whether caused by users of the Website, or Network Members or by any of the equipment or programming associated with or utilized in connection with the Wired Towns Services. Wired Towns is not responsible for the conduct, whether online or offline, of any user or Member of the Website, the Network, or Wired Towns Services. Wired Towns assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. Wired Towns is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at the Website or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading or uploading materials in connection with the Website, the Network and/or in connection with any Wired Towns Service. Under no circumstances shall Wired Towns be responsible for any loss or damage, including personal injury or death, resulting from use of the Website, the Network or the Wired Towns Services or from any Member Content posted on the Website, the Network, the Wired Towns Services or transmitted to Members, or any interactions between users or Members of the Website, the Network or any Wired Towns Service, whether online or offline. The Website, the Network and the Wired Towns Services are provided "AS-IS" and Wired Towns expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Wired Towns cannot guarantee and does not promise any specific results from use of the Website, the Network and/or the Wired Towns Services.
- Limitation on Liability. IN NO EVENT SHALL WIRED TOWNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, THE NETWORK OR THE WIRED TOWNS SERVICES, EVEN IF WIRED TOWNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WIRED TOWNSÕS LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNTS PAID, IF ANY, BY YOU TO WIRED TOWNS FOR THE WIRED TOWNS SERVICES DURING THE TERM OF MEMBERSHIP.
- U.S. Export Controls. Software from this Website, the Network and the Wired Towns Services (the "Software") is further subject to United States export controls. You shall not download from the Website any Software and export or re-export it (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
- Disputes. If there is any dispute about or involving the Website, the Network and/or the Wired Towns Services, by using the Website and Network, you agree that any dispute shall be governed by the laws of the State of New York without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of New York, City of New York.
- Indemnity. You agree to indemnify and hold Wired Towns, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website, the Network or any Wired Towns Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
- Other. This Agreement is accepted upon your use of the Website and Network and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Wired Towns regarding the use of the Website, Network and/or any Wired Towns Service. The failure of Wired Towns to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement.
is Agreement is accepted upon your use of the Website and Network and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Wired Towns regarding the use of the Website, Network and/or any Wired Towns Service. The failure of Wired Towns to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.